Abstract

http://ssrn.com/abstract=1431558
 


 



The Efficiency Paradox


Eleanor M. Fox


New York University School of Law

July 8, 2009

HOW THE CHICAGO SCHOOL OVERSHOT THE MARK: THE EFFECT OF CONSERVATIVE ECONOMIC ANALYSIS ON U.S. ANTITRUST, R. Pitofsky, ed., Oxford, p. 77, 2008
NYU Law and Economics Research Paper No. 09-26

Abstract:     
The article assumes arguendo that efficiency is the sole goal of antitrust. It then observes that how to achieve efficiency by applications of antitrust law is not obvious; that there are various routes towards attempting to achieve efficiency, and Chicago School advocates have picked one based on a principle of non-intervention rather than one based on a principle of trust in rivalry and open markets. The article shows how application of the non-intervention principle protects dominant firms from the competition of their rivals and in that connection deprives the market of efficiencies. Robert Bork argued in THE ANTITRUST PARADOX: in the name of competition, antitrust harmed competition. Professor Fox now argues: in the name of efficiency, conservative advocates and jurists harm efficiency. This is The Efficiency Paradox of her title.

Number of Pages in PDF File: 18

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Date posted: July 12, 2009  

Suggested Citation

Fox, Eleanor M., The Efficiency Paradox (July 8, 2009). HOW THE CHICAGO SCHOOL OVERSHOT THE MARK: THE EFFECT OF CONSERVATIVE ECONOMIC ANALYSIS ON U.S. ANTITRUST, R. Pitofsky, ed., Oxford, p. 77, 2008; NYU Law and Economics Research Paper No. 09-26. Available at SSRN: http://ssrn.com/abstract=1431558

Contact Information

Eleanor M. Fox (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
212-998-6171 (Phone)
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